Appeals Judge Open to Trial in Penn State DEI Training Suit (1)

March 18, 2026, 5:07 PM UTCUpdated: March 18, 2026, 9:30 PM UTC

At least one member of a federal appeals panel appeared receptive to a White former Penn State writing professor’s bias suit, indicating during oral arguments that a jury must determine the fate of his racial discrimination and retaliation claims stemming from the university’s anti-racism-related training.

Counsel for the university was on the defensive from the start of his opening remarks Wednesday before a three-judge panel of the US Court of Appeals for the Third Circuit. Judge Paul Matey—a Trump appointee—quickly challenged his assertion that Zack De Piero lodged a “test case” to “force” Penn State into a broader legal battle ...

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